Case law
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Division and case type: High Court CriminalCriminal Appeal
…However, the court is bound to have fidelity [1] to the rule of law. Unfortunately, failure to follow the two provisions of the law are fatal to the case.…
…The greatness of a nation lies in its fidelity to the Constitution and strict adherence to the rule of law, and above all, the fear of God.…
Division and case type: High Court DivCriminal Appeal
…The greatness of a nation lies in its fidelity to the Constitution and strict adherence to the rule of law, and above all, the fear of God.…
…The Rule of law ensures that society is governed on the basis of rules and not the might of force. It provides a framework for orderly and objective relationships between citizens in a country.…
Division and case type: High Court CriminalCriminal Appeal
…That the learned trial magistrate failed to consider the doubtful integrity of the principle victim thus pw1 Bint whose evidence was gotten from psychological intimidation which sway away from the rule of law. iv.…
…That the learned trial magistrate court erred in law and fact for not considering that the mandatory minimum sentence couched under section 8 (4) of the SOA was unconstitutional as it hindered the rule of law of fair trial…
Division and case type: High Court DivCriminal Appeal
…That this was intended to guide the drafters of the charge so as to adhere to the rule of law.…
…He urged that failure by the prosecution to strictly adhere to the rule of law while preparing the charges as provided under Section 137 of the Criminal Procedure Code and Section 296(2) of the Penal Code amounts to total…
Division and case type: High Court CriminalCriminal Appeal
…They are foundational concepts that underpin the rule of law and protect the sanctity of every judicial process. 14.…
…The offence of defilement is a serious offence and it is in the interest of justice and the rule of law that a proper inquiry into the allegations is undertaken.Acquitting the appellant without trial would occasion substantial…
Division and case type: High Court DivCriminal Appeal
…of 2021. h) The above-mentioned unlawful and unprofessional conduct of the Prosecution and the Learned Magistrate constitutes a grave and gross abuse of the Criminal Justice System in any democratic state governed by the Rule…
…of Law, meriting the urgent intervention of the Honourable Court. 5.…
Division and case type: High Court CriminalCriminal Appeal
…Rules for the Framing of Charges and Information: The following provisions shall apply to all charges and information, and, notwithstanding any rule of law or practice, a charge or information shall, subject to this Code,…
…enactment creating the offence; (iii) after the statement of the offence, particulars of the offence shall be set out in ordinary language, in which the use of technical terms shall not be necessary: Provided that where any rule…
Division and case type: High Court CriminalCriminal Appeal
…Rules for the Framing of Charges and Information: The following provisions shall apply to all charges and information, and, notwithstanding any rule of law or practice, a charge or information shall, subject to this Code,…
…enactment creating the offence; (iii) after the statement of the offence, particulars of the offence shall be set out in ordinary language, in which the use of technical terms shall not be necessary: Provided that where any rule…
Division and case type: CivilCivil Case
…Halsbury’s Laws of England, 4th Edition Vol 9 paragraph 530 on p 365 strengthens the above statement of the rule of law of contractual licences “which at common law be effectively revoked at any time whether or not it contained…
Division and case type: High Court DivCriminal Appeal
…relying on the totality of the evidence presented before him, and completely overlooking the defence of the accused/appellant. g) That the ruling of the learned magistrate goes against the rules of natural justice and the rule…
…of law, and the judgment and sentence were prejudicial and excessive in the circumstances, and the same was unjust. 4.…
Division and case type: CivilCivil Case
…Anything short of that willnot advance the course of justice and will weaken the Rule of Law in thiscountry. I sympathize with the views expressed by Mr. Momanyi.…
Division and case type: CivilCivil Case
…that acquired land are often allocated and or sold to developer over and above the interest of the public, the country and against good policying may have prompted the use of the Physical Planning Act without regard to the rule…
…of law.…
Division and case type: High Court CriminalCriminal Appeal
…This Court’s duty to protect the minor coexists with its duty to uphold the rule of law. The Court must re-evaluate the evidence afresh to determine if truth or doubt carries the day. Background Facts 3.…
Division and case type: High Court DivCriminal Appeal
…State of Assam (1993) AIR 1462 the Court held as follows: - “A conviction can be based on the testimony of a single-eye witness and there is no rule of law or evidence which says to the contrary provided the sole eye witness…
Division and case type: High Court CriminalCriminal Appeal
…The trial should be judicious, fair, transparent and expeditious but must ensure compliance with the basic rule of law.…
Division and case type: High Court DivCriminal Appeal
…Sentencing is an integral component of the criminal justice process of the great Republic which is constitutional democracy espousing the rule of law within the tenets of the principle of governance a national value as articulated…
…The legal conceptual framework of punishment as part of a constitutional democracy upholding the rule of law is that its imposition on the offender would deter others from committing crime and it will at the same time in…
Division and case type: High Court CriminalCriminal Appeal
…He thus urged the court to allow the appeal since by doing so the court mitigate the injustice; enhance faith and trust of the citizenry in the judicial system and ost importantly, the rule of law and public order in land…
…It is trite law that ignorance of law is not an excuse as every citizen is expected to know the laws governing him This is a country governed by the rule of law.…
Division and case type: High Court CriminalCriminal Appeal
…Magistrate erred in fact and in law by abdicating his discretion to counsel watching brief and further acting in dereliction of the Court’s duty by failing to enforce justice and the rule of law.…
…Therefore, I find that in line with principles of natural justice ensuring fair trial and upholding rule of law at every instance the Trial Court was alleged or seemed compromised or biased the Trial Court recused itself…
Division and case type: High Court DivCriminal Appeal
…Rules for the framing of charges and informations The following provisions shall apply to all charges and informations, and, notwithstanding any rule of law or practice, a charge or information shall, subject to this Code…
…enactment creating the offence; (iii)after the statement of the offence, particulars of the offence shall be set out in ordinary language, in which the use of technical terms shall not be necessary: Provided that where any rule…
Division and case type: Milimani Commercial CourtsCivil Case
…deserving suitor because of fear that the effect would be to engender serious ill will and probable violence between the parties or indeed any other consequences would be to sacrifice the principle of legality and the dictates of…
…the rule of law at the altar of convenience.…